"Educational agency or institution" means any public or private agency or institution;
"Biometric record" means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints, retina and iris patterns, voiceprints, DNA sequence, facial characteristics, and handwriting;
"Personally identifiable information" includes but is not limited to: the student's name, the names of the student's parent(s) or other family members, the address of the student or student's family, a personal identifier, such as the student’s social security number, student identification number, or biometric record, other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name; other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.
Each educational agency or institution must: 34 CFR 300.623
Protect the confidentiality of personally identifiable information at the collection, storage, disclosure, and destruction stages; and 34 CFR 300.623(a)
Maintain for public inspection, a current listing of the names and positions of those employees within the agency who may have access to personally identifiable information 34 CFR 300.623(d)
One official at each educational agency or institution must assume responsibility for ensuring the confidentiality of any personally identifiable information 34 CFR 300.623(b) . All persons collecting or using personally identifiable information must receive training or instruction regarding the State's policies and procedures to protect the confidentiality of any personally identifiable information collected, used, or maintained by the educational agency or institution 34 CFR 300.623(c)
What We Do
Access to Educational Records and Timeline
Parent(s) of a student with a disability must be given the opportunity to examine all records pertaining to the student as described in the Notice of Procedural Safeguards.
Parent(s) have the right to review records relating to their child unless there is a court order, state statute, or legally binding document relating to such matters as guardianship, divorce, separation, or custody that specifically revokes these rights.
When a request to inspect and review any education records relating to the student is received, respond without necessary delay and within a reasonable period of time
.Clarification, Copies, and Fees
If the parent(s) are unable to review the records, a copy of the records requested will be provided or other arrangements to review the requested records will be arranged.
A reasonable fee is charged for a copy of an education record, unless the fee prevents exercising the right to review the student's education records.
A fee cannot be charged to search for or to retrieve the education records of a student.
Access by Others
FERPA permits school officials to see the student’s records without the parent’s consent.
Parental consent must be obtained in writing before personally identifiable information is disclosed to other individuals.
Personally identifiable information includes:
the student’s name
the names of the parent(s)
or the name of another family member
the parent’s address
a personal identifier (like social security number)
or a list of characteristics that would make it possible to identify the student with reasonable certainty.
The parent’s consent, or the consent of an eligible student who has reached the age of majority under state law, must be obtained in writing before personally identifiable information is released to officials of participating agencies providing or paying for transition services.
If the student attends a private school that is not located in the same school district in which the parent(s) reside(s), the parent’s consent must be obtained before any personally identifiable information about the student is released between officials in the school district where the private school is located and officials in the school district where the parent resides.
The school keeps a log of everyone (except for the parent(s) and authorized school officials) who reviews the student’s special education records.
the purpose for which the person is authorized to use the records.
One official at the school must assume responsibility for ensuring the confidentiality of any personally identifiable information.
Training regarding the state’s policies and procedures regarding confidentiality under the IDEA and the FERPA is provided to all staff who access FERPA protected documents.
Each school maintains, for public inspection, a current listing of the names and positions of those employees within the school who may have access to personally identifiable information.
Amending Records
Parent(s) or eligible student may request to amend the student's educational record if they believe the education records relating to the student contain information that is inaccurate, misleading or in violation of the student's rights of privacy.
Within a reasonable time the school must decide whether to amend the information. If the school refuses to amend the information as requested, it must inform the parent(s) in writing of the refusal (i.e., Prior Written Notice form) and of his or her right (i.e., Notice of Procedural Safeguards) to a hearing to challenge the information in the records.
This type of hearing is a local hearing under FERPA and is not an IDEA due process hearing held before an impartial hearing officer.
If, as a result of the hearing, the school decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it must change the information and inform the parent(s) in writing.
If, as a result of the hearing, the school decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the parent(s) must be informed of his or her right to place a statement commenting on the information in the student’s records for as long as the record or contested portion is maintained by the school.
If the parent revokes consent in writing for the student’s receipt of special education and related services after the school initially provided services to the student, the school is not required to amend the student’s education records to remove any references to the student’s previous receipt of special education services.
Texas Public Information Act
The Texas Public Information Act also gives the parent(s) the right to inspect and obtain copies of the student’s education records.
The school may charge a reasonable fee for copies.
The Attorney General enforces the Texas Public Information Act.
The toll free number the parent(s) can call if he or she has questions is 1-877-673-6839.
The parent(s) can find more information about the Texas Public Information Act here:
Student Record Forms (i.e., Evaluation protocols)
Records that are not directly related to a student are not "education records" under FERPA and parent(s) do not have a right to inspect and review such records.
A test protocol or question booklet which is separate from the sheet on which a student records answers and which is not personally identifiable to the student would not be part of his or her "education records."
Individuals with Disabilities Education Act (IDEA) Part B and FERPA provide that an educational agency or institution shall respond to reasonable requests for explanations and interpretations of education records.
Parent(s) have the right to review a copy of a student's test answer sheet (an "education record") and the parent(s) would have the right under IDEA Part B and FERPA to request an explanation and interpretation of the record.
The explanation and interpretation by the school could entail showing the parent(s) the test question booklet, reading the questions to the parent(s), or providing an interpretation for the responses in some other adequate manner that would inform the parent(s).
Some education records are copy right protected and cannot be copied (evaluation protocols).
Evaluators can schedule a time to review the requested protocol with the parent(s), but cannot copy the protocol.
What's Required
Under the Family Educational Rights and Privacy Act (FERPA) and for the purposes of the RECORDSframeworks 34 CFR 99
Each educational agency or institution must: 34 CFR 300.623
One official at each educational agency or institution must assume responsibility for ensuring the confidentiality of any personally identifiable information 34 CFR 300.623(b) . All persons collecting or using personally identifiable information must receive training or instruction regarding the State's policies and procedures to protect the confidentiality of any personally identifiable information collected, used, or maintained by the educational agency or institution 34 CFR 300.623(c)
What We Do
Access to Educational Records and Timeline
.Clarification, Copies, and Fees
Access by Others
Amending Records
Texas Public Information Act
Student Record Forms (i.e., Evaluation protocols)
Forms
Legal Framework references for Confidentiality of Information,